Terms of Service

Scope of Services

QKAI provides:

• Design, development, and maintenance of AI Agent systems.
• Design, development, and maintenance of brand websites.
• Related technical consulting and support services.

Intellectual Property

Upon final payment, custom-developed code is fully owned by the client. QKAI retains intellectual property rights to general frameworks and tools. With written client authorization, we may showcase the project as a case study.

Payment Terms

Projects are paid in phases, each phase not exceeding 40% of total cost, with specific deliverables tied to each payment. Exact payment milestones are defined in the signed quotation.

Service Level

During monthly maintenance: critical issues (downtime), 4-hour response; general issues (modifications), 24-hour response on business days. First-year monthly rate is locked with no price increases.

Exit Terms

Monthly services can be terminated anytime with 30 days notice, no penalties. Full handover completed within 15 business days, including code repository, database backups, AI knowledge base, and deployment documentation.

AI Output Disclaimer

Regarding content generated by AI Agents:

• All content generated by AI Agents (including but not limited to email replies, data analysis, and reports) is advisory in nature and does not constitute professional advice or final decisions.
• Clients are responsible for reviewing and confirming AI-generated content before use. We do not guarantee the absolute accuracy, completeness, or fitness for purpose of AI outputs.
• QKAI accepts no liability for losses arising from the use of AI-generated content that has not been reviewed by the client.

Australian Consumer Law

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)):

• Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services acquired for primarily personal or household use, nothing in these terms limits or excludes those guarantees.
• We undertake to provide our services with due care and skill (ACL Section 60).
• If our services fail to meet a consumer guarantee, you are entitled to a remedy, which may include repair, refund, or compensation depending on the severity of the failure.

Limitation of Liability

QKAI shall not be liable for any indirect, incidental, or consequential losses arising from the use of our services. Our maximum aggregate liability shall not exceed the total fees paid by the client in the 12 months preceding the event giving rise to the claim. AI-generated content requires client approval before use; we do not assume ultimate responsibility for the accuracy of AI-generated content. This limitation of liability applies to the fullest extent permitted by law but does not exclude liability for fraud, gross negligence, or breaches of non-excludable provisions under Australian Consumer Law.

Electronic Communications

Under the Electronic Transactions Act 1999 (Cth), you consent to receiving notices, contracts, and other communications from us electronically. Subject to applicable law, electronic communications and signatures may satisfy legal requirements for written communications. You may request paper communications at any time by contacting qifeng@qkai.com.au.

Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, including but not limited to natural disasters, government actions, cyberattacks, third-party service outages, and pandemics. The affected party shall notify the other party as soon as practicable and take reasonable steps to mitigate the impact.

Governing Law

These terms are governed by the laws of New South Wales, Australia. Any disputes shall first be resolved through good-faith negotiation.